IN THE CASE OF:
BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140018396
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat service and all authorized awards.
2. The applicant states his combat service is not shown on his DD Form 214, dated 31 January 1998.
3. The applicant provides a copy of an Army Achievement Medal Certificate, dated 9 May 1991.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 23 August 1990. He held military occupational specialty 63B (Light-Wheel Vehicle Mechanic).
3. The Gulf War Roster shows he was deployed to Southwest Asia from
1 October to 31 December 1995.
4. He was released from active duty on 31 January 1998, in the rank of specialist/E-4. He had completed 7 years, 5 months, and 8 days of active service. His DD Form 214 shows he was awarded the
* Army Lapel Button
* Army Achievement Medal (2 Awards)
* Army Good Conduct Medal (2 Awards)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Driver and Mechanic Badge with Driver-W Bar
5. The Defense Finance and Accounting Service (DFAS) verified that the applicant's Master Military Pay Account (MMPA) shows he received hostile fire/imminent danger pay (HF/IDP) in Kuwait from 20 September through
8 December 1996.
6. His records contains copies of a DA Form 638-1 (Recommendation for Award of the Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal) showing he was awarded the Army Achievement Medal (2nd Oak Leaf Cluster) (indicating the third award) on 26 July 1994 for his service from
10 April 1992 to 25 June 1994.
7. The applicant provides a copy of certificate showing he was awarded the Army Achievement Medal on 9 May 1991 for outstanding support "during austere and hostile conditions in Operation Desert Shield." The period of service is not included on the certificate.
8. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns include the Southwest Asia Cease-Fire (12 April 1991 to
30 November 1995).
9. Army Regulation 635-5 (Separation Documents), the regulation in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 18 of the DD Form 214 is used to document a Soldier's participation in foreign deployments in support of named operations. Its instructions provide that for active duty Soldiers, deployed with their unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates, for example, YYYYMMDD-YYYYMMDD)" was entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. A DA Form 638-1 shows he was awarded the Army Achievement Medal (3rd Award).
2. He served a qualifying period for award of the Southwest Asia Service Medal with one bronze service star.
3. His DD Form 214 should be corrected to show the above awards.
4. His DD Form 214 should be corrected to show his deployments from "19951001-19951231" as evidenced by the Gulf War Roster and "19960920-19961208" as evidenced by DFAS.
5. The Army Achievement Medal Certificate he provided is dated 9 May 1991 and does not include the dates of the period of service for the award. While it appears he may have been deployed in 1991, the available evidence does not contain sufficient detail to establish the dates of deployment at that time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:
a. deleting from his DD Form 214 the Army Achievement Medal (2nd Award);
b. adding to his DD Form 214 the Army Achievement Medal (3rd Award); and
c. adding to item 18 of his DD Form 214
* "SERVICE IN SOUTHWEST ASIA FROM 19951001 TO 19951231"
* "SERVICE IN KUWAIT FROM 19960920 TO 19961208"
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing the applicant was deployed in support of Operation Desert Shield in 1991.
____________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130015757
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140018396
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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